"School Principal's Administrative Authority Must Not Be Infringed" ... Seoul Metropolitan Office of Education Requests Reconsideration of Ordinance Amendment

The Education Sector Also Opposes "Regression of Educational Autonomy"

[Asia Economy Reporter Jo In-kyung] The Seoul Metropolitan Office of Education has demanded the withdrawal of an ordinance that allows the superintendent of education to directly exercise powers delegated to school principals in Seoul’s kindergartens, elementary, middle, and high schools, such as personnel and facility use, when necessary.

On the 9th, the Seoul Metropolitan Office of Education announced that it requested a reconsideration from the Seoul Metropolitan Council regarding the "Partial Amendment Ordinance on the Delegation of Administrative Authority of the Seoul Superintendent of Education," which was passed by the Seoul Metropolitan Council on the 20th of last month, citing concerns over legal violations and infringement of public interest.

The amendment mainly allows the superintendent or education director to directly exercise authority over matters such as approval for the use of school facilities, which had previously been autonomously decided by each school, and the appointment of local government officials below grade 7, upon the superintendent’s request.

For example, previously, a school principal decided whether to open the school playground or parking lot for use by local residents, but going forward, if the superintendent exercises administrative authority, they can forcibly open these facilities.

In response, not only frontline school principals but also teacher organizations have urged the withdrawal of the ordinance amendment, stating that it infringes on the school’s autonomous authority and undermines school autonomy.

The Office of Education also requested the Metropolitan Council to review the amendment again, stating, "Delegation of administrative authority must clearly transfer authority and clarify responsibility to ensure legal stability and predictability."

The Seoul Metropolitan Office of Education pointed out, "The amended ordinance includes vague clauses regarding the reasons and grounds under which the superintendent can make demands, violating the principle of clarity. For citizens, it becomes unclear which institution is responsible for what, causing greater confusion in the autonomy and accountability of the delegated institution."

The Office of Education added, "We have also received opinions from the Ministry of Government Legislation and legal interpretations from the Ministry of Education stating that it is impossible to allow the delegating institution to directly exercise the delegated authority as needed, as it contradicts the nature of delegation."

Last year, at an elementary school in Gwangjin-gu, Seoul, a newly appointed principal closed the school’s main gate citing student safety concerns. The parking lot and playground were open, leading to frequent external access and safety worries. However, some parents opposed this decision and continuously filed complaints through city council members, but these were not accepted. The education sector views this incident as the trigger for the current ordinance amendment.

Cho Hee-yeon, Seoul Superintendent of Education, said, "I fully understand that requesting reconsideration is a serious action, but since this amendment ordinance likely violates higher laws and raises significant concerns among schools about infringing or restricting school autonomy, we had no choice but to request reconsideration. I also ask the Metropolitan Council to faithfully reflect the voices of schools during the reconsideration process."

This content was produced with the assistance of AI translation services.